HomeMy WebLinkAbout1/7/2015 - STAFF REPORTS - 2.D. QpLM$A
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<,FoaN�P. City Council Staff Report
DATE: January 7, 2015 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1866,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY (ANNEXATION NO. 6)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1866.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1866,
"AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING
THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 6)."
STAFF ANALYSIS:
On December 17, 2014, Ordinance No. 1866 was introduced for first reading, as noted
below:
ACTION: Waive the reading of the ordinance text in its entirety, read by title
only, and introduce on first reading Ordinance No. 1866, "AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF
SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING
CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 6)."
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Lewin
NOES: None
ABSENT: None
ABSTAIN: Mayor Pougnet
Item No. 2 . D .
ADOPTION OF ORDINANCE NOS. 1866
January 7, 2015
Page 2 of 2
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption.
11
es Thompson David H. Ready, Esq., h.D.
ity Clerk City Manager
/kd h
Attachments:
Ordinance No. 1866
02
ORDINANCE NO. 1866
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
(ANNEXATION NO. 6).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5,
Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act')
and the City of Palm Springs Community Facilities District Ordinance enacted pursuant
to the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article
XI of the Constitution of the State of California (the "CFD Ordinance") (the Act and the
CFD Ordinance may be referred to collectively as the "Community Facilities District
Law'), to establish the City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services) as provided
in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District
(the `Rate and Method") is set forth in Exhibit B to the City Council Resolution titled "A
Resolution of the City Council of the City of Palm Springs, California, Forming and
Establishing a Community Facilities District' (the `Resolution of Formation"), which was
adopted on October 19, 2005; and
WHEREAS, the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
December 17, 2014, adopted a Resolution titled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of Special Annexation Landowner
Election, Determining Validity of Prior Proceedings, and Directing the Recording of the
an Amendment to Notice of Special Tax Lien."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. By the passage of this Ordinance, the City Council hereby authorizes and levies
the special tax within the District, including the Annexation Territory, pursuant to
the Community Facilities District Law, at the rate and in accordance with the rate
and method of apportionment of special tax set forth in the Resolution of
Formation, which rate and method is by this reference incorporated herein. The
special tax has previously been levied in the original territory of the District
03
Ordinance No. 1866
Page 2
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and
adopted by the City Council on November 2, 2005 and the special tax is hereby
levied commencing in fiscal year 2015-16 in the District, including the Annexation
Territory, and in each fiscal year thereafter to pay for the Services for the District
and all costs of administering the District.
3. The City's Finance Director or designee or employee or consultant of the City is
hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as
provided in the Resolution of Formation.
4. Exemptions from the levy of the special tax shall be as provided in the Resolution
of Formation and the applicable provisions of the Community Facilities District
Law. In no event shall the special tax be levied on any parcel within the District in
excess of the maximum special tax specified in the Resolution of Formation.
5. All of the collections of the special tax shall be used as provided in the Community
Facilities District Law and in the Resolution of Formation, including, but not limited
to, the payment of the costs of the Services, the payment of the costs of the City
in administering the District, and the costs of collecting and administering the
special tax.
6. The special tax shall be collected in the same manner as ordinary ad valorem
taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may
provide for other appropriate methods of collection by resolution(s) of the City
Council. The Finance Director of the City is hereby authorized and directed to
provide all necessary information to the auditor/tax collector of the County of
Riverside in order to effect proper billing and collection of the Special Tax, so that
the Special Tax shall be included on the secured property tax roll of the County of
Riverside for fiscal year 2015-16 and for each fiscal year thereafter until no longer
required to pay for the Services or until otherwise terminated by the City.
7. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the
balance of this Ordinance and the application of the special tax to the remaining
parcels within the District, including the Annexation Territory, shall not be affected.
8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
published immediately after its passage at least once in a newspaper of general
circulation for the City.
9. This Ordinance shall take effect 30 days from the date of final passage.
04
Ordinance No. 1866
Page 3
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7T" DAY OF JANUARY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1866 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council held on
December 17, 2014 and adopted at a regular meeting held on the 7ch day of
January, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
05
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-7784731
�)015JAN 26 AM 8� 5
State Of California ss: J A' ' 11
County of Riverside G i i Y C L..
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000533703
i
I am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared 4
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
1/21/2015
No 0079 ORDINANCE NO.1866
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING THE
I
LEVY OF CALIFORNIA, IN A COMMUNITY
FACILITIES DISTRICT INCLUDING CERTAIN
ANNEXATION TERRITORY(ANNEXATION NO.
(1).
I acknowledge that I am a principal clerk of the printer of City Anortuy SUMAtery
The Ordlnarlce annexes the area W land wdNn a
The Desert Sun, printed and published weekly in the City previous approved detelop^lem A^^axed°n Ab.
6.to 1ha fxuuManea of Communhy Facljdles Die-
of Palm Springs, County of Riverside, State of California. ownere whin such
frre No.200n? end, a payrrlenf of an am
The Desert Sun was adjudicated a newspaper of general area w/N De re �� udad uMar
circulation on March 24, 1988 by the Superior Court of the ^ua� �`yF No.2oo -dt
County of Riverside, State of California Case No, CERTIFICATION
191236, STATE COUNTY OF RIVE R ID 85
COUNTY A RIVERSIDE'
CITY OF PALM SPRINGS)
I declare under penalty of perjury that the foregoing is true I JAMES THOMPSON.CiN CI�� CM m
Of-
and correct. Execul on this 21st day of January, 2015 in claimce No.Springs.WIsC91a�lue,a. her ct cTY,
and was
No.introduced
d a tua,rive,and correct copy,
and was Springs
CRY
u a regular meeting of Ina
Palm Springs, II ornia. ' Palm Springs Cpittye Counctl is(ld on DeoeRifing hold bar on
the 7.
71h day and �of January, 22015' by thegfollowing
vote: mmDpee
Hutcheson.CCOM&nedlbar Mile,and MayomPro
Tam Lewin. -
NOES: None.
ASSENT: None.
ABSTAIN: Mayor Puugnet.
De ar Bi
NAMES THOMPSON,CITY CLERK
' COY d Palm Springs,Califomk
Publlehed:1121116
CITY OF PALM SPRINGS
NOTIFICATION
oM
City Council
Meeting Date: January 7, 2015
Subject: Ordinance No. 1866
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
January 21, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
yor9/.g
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on January 21, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
Dy��
Kathie Hart, MMC
Chief Deputy City Clerk
ORDINANCE NO. 1866
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
(ANNEXATION NO. 6).
City Attorney Summary
This Ordinance annexes the area of land within a previously approved
development, Annexation No. 6, to the boundaries of Community Facilities
District No. 2005-1 and property owners within such area will be
responsible for the payment of an annual public safety services tax as
required under Community Facilities District No. 2005-01,
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1866 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council held on
December 11, 2014, and adopted at a regular meeting held on the 7ch day of
January, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tem Lewin.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pougnet.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
ORDINANCE NO, 1866
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
(ANNEXATION NO. 6).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5,
Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act')
and the City of Palm Springs Community Facilities District Ordinance enacted pursuant
to the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article
XI of the Constitution of the State of California (the "CFD Ordinance") (the Act and the
CFD Ordinance may be referred to collectively as the "Community Facilities District
Law"), to establish the City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services) as provided
in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District
(the 'Rate and Method") is set forth in Exhibit B to the City Council Resolution titled "A
Resolution of the City Council of the City of Palm Springs, California, Forming and
Establishing a Community Facilities District' (the 'Resolution of Formation"), which was
adopted on October 19, 2005; and
WHEREAS, the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory'), the City Council, on
December 17, 2014, adopted a Resolution titled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of Special Annexation Landowner
Election, Determining Validity of Prior Proceedings, and Directing the Recording of the
an Amendment to Notice of Special Tax Lien."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. By the passage of this Ordinance, the City Council hereby authorizes and levies
the special tax within the District, including the Annexation Territory, pursuant to
the Community Facilities District Law, at the rate and in accordance with the rate
and method of apportionment of special tax set forth in the Resolution of
Formation, which rate and method is by this reference incorporated herein. The
special tax has previously been levied in the original territory of the District
Ordinance No. 1866
Page 2
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and
adopted by the City Council on November 2, 2005 and the special tax is hereby
levied commencing in fiscal year 2015-16 in the District, including the Annexation
Territory, and in each fiscal year thereafter to pay for the Services for the District
and all costs of administering the District.
3. The City's Finance Director or designee or employee or consultant of the City is
hereby authorized and directed each fiscal year to determine the specific special
tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as
provided in the Resolution of Formation.
4. Exemptions from the levy of the special tax shall be as provided in the Resolution
of Formation and the applicable provisions of the Community Facilities District
Law. In no event shall the special tax be levied on any parcel within the District in
excess of the maximum special tax specified in the Resolution of Formation.
5. All of the collections of the special tax shall be used as provided in the Community
Facilities District Law and in the Resolution of Formation, including, but not limited
to, the payment of the costs of the Services, the payment of the costs of the City
in administering the District, and the costs of collecting and administering the
special tax.
6. The special tax shall be collected in the same manner as ordinary ad valorem
taxes are collected and shall have the same lien priority, and be subject to the
same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may
provide for other appropriate methods of collection by resolution(s) of the City
Council. The Finance Director of the City is hereby authorized and directed to
provide all necessary information to the auditor/tax collector of the County of
Riverside in order to effect proper billing and collection of the Special Tax, so that
the Special Tax shall be included on the secured property tax roll of the County of
Riverside for fiscal year 2015-16 and for each fiscal year thereafter until no longer
required to pay for the Services or until otherwise terminated by the City.
7. If for any reason any portion of this Ordinance is found to be invalid, or if the
special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the
balance of this Ordinance and the application of the special tax to the remaining
parcels within the District, including the Annexation Territory, shall not be affected.
8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
published immediately after its passage at least once in a newspaper of general
circulation for the City.
9. This Ordinance shall take effect 30 days from the date of final passage.
Ordinance No. 1866
Page 3
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7TH DAY OF JANUARY, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1866 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council held on
December 17, 2014 and adopted at a regular meeting held on the 7th day of
January, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Lewin.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pougnet.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California